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HomeMy WebLinkAbout10041 ORDINANCE NO. 10041 AN ORDINANCE TO APPROVE AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF CORRECTIONS (CDOC) TO PROVIDE THE CDOC WITH ACCESS TO THE PUEBLO POLICE DEPARTMENT SHOOTING RANGE FOR THE PURPOSE OF SHOOTING PRACTICE AND USE OF FACILITY GROUNDS WHEREAS, the City of Pueblo Police Department maintains a shooting range (facility); and WHEREAS, the Colorado Department of Corrections – Pueblo Complex wishes to enter into a formal agreement for the use of the facility NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Shooting Range Use Agreement between the Colorado Department of Corrections and the City of Pueblo through the Pueblo Police Department for access and use of the Pueblo Police Department Shooting Range located at 901 Gruma Drive, a true copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute the Agreement on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. SECTION 3. The officers and staff of the City are authorized to perform any all acts consistent with the intent of this Ordinance and the attached Memorandum of Agreement to implement the transactions described therein. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on October 25, 2021 . Final adoption of Ordinance by City Council on November 8, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 10, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 25, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Chief Steven Noeller –Police Department SUBJECT: AN ORDINANCE TO APPROVE AND EXECUTE AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF CORRECTIONS (CDOC) TO PROVIDE THE CDOC WITH ACCESS TO THE PUEBLO POLICE DEPARTMENT SHOOTING RANGE FOR THE PURPOSE OF SHOOTING PRACTICE AND USE OF FACILITY GROUNDS SUMMARY: This Ordinance approves and agreement between the City of Pueblo and the Colorado Department of Corrections (CDOC) and directs the Mayor to sign the same. The agreement allows CDOC personnel from the CDOC Pueblo Complex (Youthful Offender System, La Vista Correctional Facility, and San Carlos Correctional Facility) access and use of the Pueblo Police Department Shooting Range located at 901 Gruma Drive (the facility). In return CDOC agrees to contribute $5,000 annually to City of Pueblo Project No. CO0604. PREVIOUS COUNCIL ACTION: No previous council action. BACKGROUND: The Pueblo Police Department maintains a shooting range and related facilities within the City Limits. Traditionally, the Police Department has allowed other law enforcement agencies to use the facility for practice. CDOC has used the facility in the past for shooting practice and related activities. In return CDOC has donated various supplies and materials for use on or improvement to the shooting range. The ordinance approves an agreement formalizing the relationship between the City of Pueblo and the CDOC. The CDOC will continue to have access to the facility and will contribute $5,000 annually to the shooting range project. FINANCIAL IMPLICATIONS: This agreement will produce revenue for the City in the amount of $5,000 annually. Such revenue will be deposited into Project No. CO0604 and will be used for maintenance and improvement of the facility. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: If this Ordinance does not pass the CDOC will not contribute $5,000 to the City of Pueblo annually. CDOC use of the facility will continue on an informal basis. RECOMMENDATION: Passage of the Ordinance Attachments: Agreement IPCOLORADO Department of Corrections Youthful Offender System 1300 West 13th Street Pueblo,CO 81003 719.544.4800 F 719.583.5755 Pueblo Police Department 200 S Main Street Pueblo, Colorado 81003 719-553-2502 SHOOTING RANGE USE AGREEMENT The Pueblo Police Department Shooting Range Known and Numbered As 901 Gruma, Pueblo, Colorado (Hereinafter the "Shooting Range"), Is Available To Other Law Enforcement Personnel For The Purpose Of Shooting Practice And Use Of Facility Grounds. The Consideration For Which Are The Following Terms And Conditions, Which By Execution Of This Agreement By The Appropriate Parties, Constitutes The Total Contract Of Agreement Between Two Parties. 1. The Pueblo Complex; Youthful Offender System(YOS), LaVista Correctional Facility(LVCF)and San Carlos Correctional Facility(SCCF) ("Applicant") shall provide evidence of self-insurance. 2. The Applicant-organization will not allow anyone not associated with the organization to use the Shooting Range. 3. The Applicant will ensure that the Shooting Range is left in the same condition at the end of use, as it was at the beginning of use by the Applicant each time. 4. In exchange for the use of the PPD Range, the CDOC/Pueblo Complex(YOS/LVCF/SCCF)will contribute$5000.00 annually to the Pueblo Police Department Range Project#C00604 to offset range maintenance and environmental cleanup. 5. All equipment and or supplies stored by the Pueblo Complex at the Shooting Range will be the responsibility of the SCCF Armorer. 6. Scheduling use of the Shooting Range will be done by the Pueblo Complex Training Coordinators and or the SCCF Armorer. 7. Alt Firearms Range practices will be followed accordingly with Colorado Department of Corrections Departmental Policies. Pueblo Police Department Range Safety Practices wilt be followed to include calling Pueblo Police Department Dispatch for Shooting Range use. 8. Shooting Range Departmental contacts are as follows: Jeff Furney 719-553-3245 City of Pueblo Police Department 200 S Main St Pueblo, CO 81003 ,.oF•c90 Jared Polis,Governor I Dean Williams, Executive Director * : * *1876 4... 9. RELEASE PROVISIONS (a)By signing below Applicant and Pueblo Police Department agree that, in the event of any damage, toss or injury to the Shooting Range or to any property or equipment, therein or thereon arising from the Applicant's use of the Shooting Range, the Pueblo Police Department may submit a claim in accordance with Colorado Revised Statute 24-10-109. (b) This Shooting Range use agreement will be effective on the date signed by all parties. Either Party may terminate this Agreement for convenience by giving the other Party 60 days prior written notice setting forth the date of termination_ Applicant: Colorado Department of Corrections, Associate Director of Procurement ,0110.. I}� a( .r.�/.1► '� Date ` 1 City of Pueblo,Colorado r Ii��� i)ate///V A: y occo4 • I yam/ i Jared Polis,Governor I Dean Williams,Executive Director 1 r 1876*'